BILL NUMBER: SB 1950	CHAPTERED  09/29/00

	CHAPTER   928
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN SENATE   APRIL 10, 2000

INTRODUCED BY   Senator Lewis

                        FEBRUARY 24, 2000

   An act to amend Sections 395 , 395.01, and 395.03 of the Military
and Veterans Code, relating to veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1950, Lewis.  Military leave.
   Under existing law, a public employee who is a member of the
reserve corps of the Armed Forces of the United States or of the
National Guard or the Naval Militia is entitled to a temporary
military leave of absence for active military training, if certain
requirements are met.  The employee is entitled to receive his or her
pay as a public employee for the first 30 days of the leave period,
not to exceed 30 days in one fiscal year.  Inactive duty training
does not qualify for paid leave.
   This bill would revise these provisions in conformity with recent
changes in federal law to provide that inactive duty training also
qualifies for paid leave.
   This bill would authorize, but not require, a local public agency
to provide paid leave for inactive duty training.
   This bill would authorize a public agency to provide pay for a
period of more than 30 calendar days for active duty training.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 395 of the Military and Veterans Code is
amended to read:
   395.  (a) Any public employee who is a member of the reserve corps
of the Armed Forces of the United States or of the National Guard or
the Naval Militia is entitled to a temporary military leave of
absence as provided by federal law while engaged in military duty
ordered for purposes of active military training, inactive duty
training, encampment, naval cruises, special exercises or like
activity, providing that the period of ordered duty does not exceed
180 calendar days, including time involved in going to and returning
from that duty.
   (b) Notwithstanding subdivision (a), a local public agency may,
but is not required to, provide paid military leave of absence for
periods of inactive duty training.
   (c) The employee has an absolute right to be restored to the
former office or position and status formerly had by him or her in
the same locality and in the same office, board, commission, agency,
or institution of the public agency upon the termination of temporary
military duty.  If the office or position has been abolished or
otherwise has ceased to exist during his or her absence, he or she
shall be reinstated to a position of like seniority, status, and pay
if a position exists, or if no position exists the employee shall
have the same rights and privileges that he or she would have had if
he or she had occupied the position when it ceased to exist and had
not taken temporary military leave of absence.
   (d) Any public employee who has been in the service of the public
agency from which the leave is taken for a period of not less than
one year immediately prior to the date upon which a temporary
military leave of absence begins, shall receive the same vacation,
sick leave, and holiday privileges and the same rights and privileges
to promotion, continuance in office, employment, reappointment to
office, or reemployment that the employee would have enjoyed had he
or she not been absent therefrom; excepting that an uncompleted
probationary period, if any, in the public agency, must be completed
upon reinstatement as provided by law or rule of the agency.  For the
purposes of this section, in determining the one year of service in
a public agency all service of the employee in recognized military
service shall be counted as public agency service.
   (e) If this section is in conflict with a memorandum of
understanding reached pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1 of the Government Code, the
memorandum of understanding shall be controlling without further
legislative action, except that if the memorandum of understanding
requires the expenditure of funds, it shall not become effective
unless approved by the Legislature in the annual Budget Act.
  SEC. 2.  Section 395.01 of the Military and Veterans Code is
amended to read:
   395.01.  (a) Any public employee who is on temporary military
leave of absence for military duty ordered for purposes of active
military training, inactive duty training, encampment, naval cruises,
special exercises, or like activity as such member, provided that
the period of ordered duty does not exceed 180 calendar days
including time involved in going to and returning from the duty, and
who has been in the service of the public agency from which the leave
is taken for a period of not less than one year immediately prior to
the day on which the absence begins, is entitled to receive his or
her salary or compensation as a public employee for the first 30
calendar days of any such absence.  Pay for those purposes may not
exceed 30 days in any one fiscal year.  For the purposes of this
section, in determining the one year of public agency service, all
service of a public employee in the recognized military service shall
be counted as public agency service.
   (b) Notwithstanding subdivision (a), a local public agency may,
but is not required to, pay an employee during a period of inactive
duty training.
   (c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4, of Title 1
of the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if those
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
  SEC. 3.  Section 395.03 of the Military and Veterans Code is
amended to read:
   395.03.  No more than the pay for a period of 30 calendar days
shall be allowed under the provisions of Section 395.01 or 395.02 for
any one military leave of absence or during any one fiscal year,
except as otherwise authorized by resolution of the legislative body
of a public agency or as provided in a memorandum of understanding
reached with an employee organization pursuant to Chapter 10
(commencing with Section 3500) of Division 4 of Title 1 of the
Government Code.
